Marks' Lawyers Ask Judge To Move Pill-tainting Trial

Attorneys for Edward Marks, accused of putting rat poison in capsules to make money in the stock market, say his trial should be moved out of Orlando because of pretrial publicity.

They also say in court documents that five of the 27 charges against him are contradictory and should be dismissed. A hearing is set for July 29 to settle those issues and decide if the press should be restricted to covering only court proceedings.

Marks, 24, was charged in a scheme to make money from stock options by putting rat poison in Contac, a cold remedy, Teldrin, an allergy relief medicine, and Dietac, a diet aid.

Federal investigators said Marks bought the capsules, made by SmithKline Beckman Co., added rat poison and planted them in Orlando and Houston. Then he called dozens of news and police organizations, demanding that the capsules be taken off the market, investigators say. Marks hoped to make money if the stock fell, but it did not, they said.

One of Marks' attorneys, federal public defender Jay Stevens, said in court documents that press coverage of the incidents is ''clearly inflammatory.'' He said much of the material printed in stories about Marks would be inadmissible at trial and would prejudice his right to a fair trial.

Stevens asked U.S. District Judge Patricia Fawsett to move the trial.

The motion to move the trial is a companion motion to one asking the court to restrict news reporting to court files and court proceedings. Stevens said ''investigatory'' stories about Marks will prejudice the jury.

Marks is charged with six counts of tampering with a consumer product, six counts of rendering the labeling false by tampering, five counts of giving false information to police departments and news organizations, and 10 counts of wire fraud for the telephone calls.

Stevens asked Fawsett to dismiss the five counts of giving false information or force U.S. attorneys to choose between prosecuting Marks on those or another six charges accusing him of tainting capsules.

The false information charges are based on telephone calls federal agents say Marks made, claiming there was cyanide in the capsules. No cyanide was found.

Stevens said the government cannot claim Marks poisoned the capsules with ''reckless disregard'' for the public health and then say that Marks lied when he made the warning calls, regardless of the cyanide warning.